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HomeMy WebLinkAboutSubmittal�' of arm, mn* som • Conditional Use and Variance Application LOMTION CF PRp06AL (or ixoperty) Address Legal Description APPLICANT Name Phone 0 01AMR Gordon W. Tanke 1440 Saldur Park Road ` u Db Wayzata, Minnesota ssj91 Phone * 1 f I 7 Present zoning / /� /C Present Use Zoning at,dinee�oe sectiaM Relating to Request I y. ti 5 .. 3/ f C or .�c's•�Ivr� rr a�a►-s sJ�ts Sepcity or+dinarne _ - L`'nlain Request Relative to FAgLUr6mnt8,f4 /,4A t" c o riVC, ki (' , : � •-�ww'� •- � kr' sire d/ / ..j k Variance Wetlands Variance Fee .� FOR CMCIAL USE C NU ODuncil action Date Ektent of Aian-Contonaity /[' �{►he If 41 (0 u&rdshqa to -� 7f T r1 T Ili..-(_C � � y ,-�+ :L'Lt - _-C_ � • "L � r t�` �. /� ( �E'!EE RIAL mmssAw F6R cos) 'G 1 mucAnoN C'Awt be Atritted 1 week prior to Cancil beting) i. Application oampleted '4. ' Abstractor's Certificate of Property 2. Plat map section owners within M rt. 3 , survey (Sketch in prwoeal) 5. $ 30.00 Fee S1-iature %� cr ,t - t • (• /, I? FRAf ) -A I • 13 • 13 12 2 C . - a 3 it ti fl. S�J - --WAE"' - I �-r-AML-- - r- pokq S%- Ssc f (NORTH ARMJ z AIrk a 31 <<. 3i ,y - 33 2� 11 rill 1• t Hc%5l NAME _kD� 1',sia J �}1ryn� i c aymoY�d N� . I DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 554876o' PROPERTY OWNERS LIST ADDRESS TIat q Fgtoc �34 NO Ark AJ y� �.13yi-'r Pirk ob jr 3 `I �LA 11 Gl�,�yn F?. L., � 3;1 �� 1, r• .� rc� kfi ��' �, l C� �► �� ►,c rC � r ���ow C►ro� O1 n br.k: (old E.c ILoc F C) L-S 1 '♦- -I� DESCRIPTION LOT I BLK.I PARCEL 3 h(s i17 A a a a C) t 00 0426C_ 0400 v 5Ds O (0( 07� Og 0 14 IT): nick Benson, City Wmini strator 65 FT"I (lank 'hdrich, Zoning administrator DATE: August 12, 11176 Slllill'Cl': Gordon Tanke - 11411 Baldur Park Road Variance - Lot Area f, 1%;idtli for addition To `Jon-('onforminn, Residence. Street and ')ide Yard This is an existing non -conforming situation. i house and garage now a:cunv this lot which is onlv about 50 ft. wide and 8,090 sq. ft. in area. The existing house is approximately 5 ft. from the east lot line. The garage is located 1.2 ft. from the street right of way line and almost directly on the west property line. Mr. Tanke is reluestine the following variances to add to the existing non- contorming situation: 1. Area variance of 13,740 sq. 210780 sq. ft. 2. Lot width variance of SO ft. ft. from the required from the required 100 ft. lie is also requesting variances for the nowly propo!c.l garage as follows: I. Side yard setback variance of 7 ft. from the reouired 10 ft. 2. Street right of way setback variance of 10 ft. fmm the required 30 ft. Mr. Tanke has ncted in his application that he would remove the existing non- conforming garage. 1 believe this would he an imnrovemrnt to the existing conditions, but I also believe we should have more assurance of removal either by Resolution or removal before a huildinc nermit is issued for the new garage. 1 believe we could make a recommendation on this nroposal without a work session rev iew . PL.WNTIG 011111;1�1(V; 10, PI-0 The 2oninf. Admini•tr.itor felt this alklition rwoulA he an i.mnroverknt to the existing conditinn-:. flrtiwever, he slid stress that the non -conforming rnrnge on the nrorx rtv nm% should he removed either by resolution or removed before a huildirp. oernit is issued fora new !,nrasle. Plannine Cc -mission recommended aonroval of this variance nrovi led the existing oar, is removed nrinr to the issuance of a huildin^ normit or that the title opinion he approved Iry the City lttnrnev reouirini, re-ov:0 after construction. OOtWIL PEETING - August 23, 1976 Approved variance subject to removal of existing non-conforning garage prior to anp pernit issuance. HTNUT&S OF A PLANNING C01MISSION MEETING HELD AUGUST 16, 1976 - PAGE 5 The Zoning Administrator explained to the Commission that the KEN HEROUX If_roux's were requesting two variances (front setback and 4445 NORTH SHORE DRIVE :;::aback from residence) to build a two-story garage. He felt VARIANCE - R.IGHr OF WAY .',c following problems might result from the proposal as SETBACK AND SETBACK ub:nitted: BETNEEh FTR1CIURES "1) Possible commercial use of a garage of this size. (2) Second story above garage could provide second residence on a single parcel. (, Two-story structure would obstruct the vision of the residence on the west. Could consider approving if the proposed structure were to o-a built smaller and lower with the condition that the existing garage be removed because it is non -conforming as it extends over the property line onto City Row. ?Tr. Heroux was present. fie explained to the Commission that 12 narage was to be used for several cars he owned. The -�cmd story of the garage would be used for storage as he s not have a basement . He also stated that the view of ,a neighbor to the west would not be obstructed because of ''e two-story structure, but by a 6' fence which he planned put up. After some discussion, Hannah moved, Woolley c:nnded, to recommend approval of this variance on the -.--dition that the second story be for storage only and the -:fisting garage be removed within 30 days of the completion r•f the new garage. Motion - Ayes (3), Nays (l) Hake, `ield. i,�nk Muhich stated that this application was similar to the GORDON TANKS va_ilnce request of the Heroux's. Mr. Muhich felt this 1440 BALDUR PARK ROAD ",' ition would be an improvement to the existing conditions. VARIANCE - LOT AREA & "cl,!?v-�r, he did stress that the non -conforming garage on the WIDTH FOR ADDITION TO 1:operty now should be removed either by resolution or NON -CONFORMING RESIDENCE. _.roved before a building permit is issued for a new garage. STREET $ SIDE YARD. Jn_-field moved, Flake seconded, to approve this variance provided the existing garage is removed prior to the issuance jf a building permit or that tl-,o! title opinion be approved u/ the City Attorney requiring removal after construction. !U:'ion - Ayes (5) , Nays (0) . I re Zoning Administrator explained to the Planning Commission ROBERT BENEDICT 1:•at the Benedict's were requesting approval of variances to 1380 REST POINT ROAD 1c:u to the existing dwelling including an attached garage. VARIANCE - HOUSE ADDITION f:, . L ii diet agreed to remove the existing non -conforming garage TO EXISTING 1XN-CDNFO1NING ,m4 would be willing to remove it before commencing with the LOT - LOT AREA $ WIDTH proposed addition. Hank also mentioned that lie had received .e-a1 calls from neighbors concerning the -,r< that were o•i this property. ORONO COUNCIL I•'IEETING HELD AUGUST 23, 1976 Page 9 The Planning Commission recommended approval of VARIAf10E this variance on the condition that the second 4445 North Shore Drive story be used for storage only and the existing (Continued) garage be removed within 30 days of the completion of the new garage. Welsh moved, Butler seconded, to adopt Resolution RESOLUTION #705 #705, A Resolution Denying The Request Of Ken 4445 North Shore Drive Heroux, 4445 North Shore Drive, For Variances Because: 1. Proposed Structure Is Too Large For Existing Lot. 2. Does Not Conform With Existing Residential Uses. Motion, Ayes (5) - Nays (0). fir. Alan Olson, Assistant Building 6 Zoning Administrator, stated that Gordon Tanke, 1440 Baldur Park Road, has made application for variances of lot area and width for addition to non -conforming residence, also, street and side yard variances. This is an existing non -conforming situation. A house and garage now occupy this lot which is only about 50 ft. wide and 8,000 sq. ft. in area. The existing :souse is approximately 5 ft. from the east lot line. The garage is located 1.2 ft. from the street right-of-way line and almost directly on the west property line. fir. Tanke is requesting the following variances to add to the existing non -conforming situation: 1. Area variance of 13,780 sq. ft. from the required 21,780 sq. ft. 2. Lot width variance of 50 ft. from the required 100 ft. He is also requesting variances for the newly proposed garage as follows: VARIANCES 1440 Baldur Park Roal 1. Side yard setback variance of 7 ft. from the rec • ' red 10 f t . 2. St- riqht-of-way setback variance of 10 ft. fr,, *_:.e required 30 ft. fir. Tanke has noted in his application that he would ' remove the existing non -conforming garage. T believe this would be an improvement to the e:istinq conditions, but I also believe we should have more assurance of removal either by resolution or removal before a building hermit is issued for the new garage. I believe we could make a recom- mendation on this proposal without a work session review. (Continued) ' ORONO COUNCIL MEETING HELD AUGUST 23, 1976 Page 10 Planning Commission Meeting - August 16, 1976 The Zoning Administrator felt this addition would be an improvement to the existing conditions. However, he did stress that the non -conforming garage on the property now should be removed either by resolution or removed before a build- ing permit is issued for a new garage. Planning Commission recommended approval of this riance provided the existing garage is removed prior to the issuance of a building permit or that the title opinion be approved by the City Attorney requiring removal after construction. Vassengale moved, Paurus seconded, to approve the variances for Gordon Tanke, 1440 Baldur Park Road, as per the Planning Commission Minutes of August 16, 1976, and to remove garage before construction. Cotion, Ayes ( 5 ) - Nays (0). At 9:00 P.M., Mr. Richard Primus appeared before the City Council and reviewed his letter sent to Mr. Paul Voigt stating that: "At this point there appears to be a little misunderstanding in regard to the party on Saturday, August 28th. Therefore, I am writing to you and sending a copy of this letter to the Village of Orono stating exactly what we have agreed to. It was my understanding that: you were goinq to hold a benefit picnic for dJsabled persons in wheelchairs at your sister's house located on the Ski Tonka property which she is renting from us, and we agreed that you could use the alfalfa field which lies just east of your sister's house. Under no circumstances can we authorize or permit the serving of alcoholic beverages on the Ski Tonka property since one of the conditions of our use permit for Ski Tonka is that we serve or allow to be served no alcoholic beverages on the premises. We wish once more to emphasize that while we want 'Lo cooperate in every way with your planned charity benefit for disablel persons, we nonetheless do not wish to do anything which could in any manner jeopardize our ski area permit. Thank you for your cooperation in this matter.. If you have any questions, please feel free to contact me." VARIANCES 1440 Baldur Park Road (Continued) EXHIBIT A Large Assembly Paul Voigt Permit Yours truly, Richard Lee Primus (rontinued) TO THE CITY COUNCIL OF THE CITY OF ORONO RE: Variance For Garage Address - 1440 Balour Park P,-)ad Legal Description - Lot 5, ::;.,k 1, Baldur Park, Hennepin :!_ •inty Minnesota Owner - Gordon W. Tanke * * * * * * * * * * * * * * * * * * * * * * * * * * * * GORDON W. TANKE, the undersigned, and the owner of the above described real estate, for and in consideration of the granting by the City Council of the necessary variances to permit the construction of a new garage on said property, as drawn on the survey attached hereto as EXHIBIT "A", does hereby promise to raze and remove from said property the existing garage (as drawn on EXHIBIT "A"). Said removal shall include also debris resulting from the razing of the garage and shall include also the removal of the concrete slab. Said razing and removal shall be accomplished not later than April 1, 1977. This Agreement to so raze and remove the garage shall be binding upon the undersigned and upon his heirs and assigns in the event of sale or transfer of the land, whether such sale or transfer is voluntary or involuntary or by operation of cause or otherwise, prior to the razing and removal herein provided for. Dated this 10 day of September, ]976. GORDON W. TANKE STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) On this /T day of � ; k , 1976, before me, a Notary Pubes c within and f6r said County, personally appeared GORDON W. TANKE, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he exe-uted the same as his free act and deed. Notary PUPUC ti • �t DRAFTED BY: GEIMER, RICE: & ARNOLD LTD. Attorneys at Law 6490 Excelsior Boulevard Minneapolis, Minnesota 55426 Ph t o.^ Survey 'for Gorton W. Tanke of Lot 5, pluck 1, iial,lur Park Henn -!.-pin Coi:nty, Minnesota •-1� PI°F Fravvti. lane f 1 Certificate of Sum: I horPb► certify this is a true an•i cor;-.-,ct mpresertafdon o* 3 su."L"s Or U-3 ho••n:iq"ics of .sot 51 ?lor'.! 1, 3�lijr i'r�r:S sr.: portloc�tio� 0" all exi tin„ btjilcin, s t��rcor, It .103� rot�our_ port to s7o•,r O"ler i•cProv•�-marts or cncro::c�;rent_ e4A�0� �--. i- — C 4- DAtl 7-2'-7-+ SurVo',•o^ and ?lanr.-+r o : Iron mrr-ir Lon, �i' C i,• }:ir111•t:i^4: EXHIBIT "A" ORONO COUNCIL MEETING HELD SEPTEMBER 13, 1976 Page 14 Councilmember Mary Butler stated that she has received many phone calls from interested neighbors and residents totaly in favor of the Beno Foster Home proposal. Councilmemher !'alter llassengale stated that a public hearing on this matter would not produce any further information that was not already before the City Council. 'ir. John G. Fidem, a neighbor of the proposed foster home spoke in favor of fir. Lawrence Beno's request. Paurus moved, Butler seconded, to approve the request for ilr. 6 firs. Lawrence Deno and Hennepin County Welfare Department for a foster home care shelter at 3318 North Shore Drive. Motion, Ayes (4) - Nays (0). .ir. Art Lee, Hennepin County Director of. Public Works, and Mr. Don Speilman, Bridge Engineer., Presented to the City Council preliminary plans to replace the Tanager Lake bridge located on Hennepin County #)15. fir. Lee stated that the proposed new bridge would be 36' ­iide versus the present width of 26' with a 150' improvement on each end. fir. Lee commented that Hennepin County is requesting conceptual prelirinary approval of the bridge plans. The proposed construction schedule is for 1977 or 1978 if funding is available. Every attempt will he made to coordinate construction with the nroposed Lonq Lake -Orono sewer interceptor. Paurus moved, Butler seconded, to approve the preliminary proposed plans to replace the Tanager Lake bridge subject to final plans ►)einq submitted as previously discussed. tlotion, Ayes (4) - Nays (0). FOSTER HOME 3818 North Shore Drive (Continued) TAfiAGFR LAKE ITIIDr,7 Henry fluhich, Building 6 7.oninc t dministrator, SUPER VALU STOKE informed the City Council that the constriction 3333 Shoreline Drive of the Super Valu S' located at 3333 Shoreline #136 Drive is progressi,. chvdule. The elevation and building design is E cording to the approved plans. Mr. Rod tlillstrom, Super Valu representative, has assured us that a bike rack will. he included in the final completion of the builflinq. ;lr. Gordon Tanke requested Council to reconsider RFCOr1SIDFR NOTIOrl their motion of the Auqust 21, 1976 Council meeting 1440 Raldur park Roma-i which directed him to remove his old garage bi-fore #165 a nei; structure is constructed. fir. Tanke stated that his hardship was in finding a huildin(r to house his personal helnnoinas th,;t he is now storing (Continued) ORONO COUNCIL MEETING HELD SEPTEMBER 13, 1976 Page 15 in the building. If 1,e City Council would allow RECONSIDER MOTION him to complete his ne:ily proposed garage, he 1440 Baldur Park Road wk uld then transfer hir, personal effects and (Continued) remove the old existing building not later than April 1, 1977. Paurus moved, Butler seconded, to reconsider the motion of August 23, 1976 for Gordon Tanke, 1440 '3aldur Park Road. Plotion, Ayes (4) - Nays (n) . j Massengale moved, Paurus seconded, to approve the agreement as signed by Plr. Gordon Tanke, 1440 j Baldur Park Road, allowing him to construct a new garage on said property and to remove -'_d structure by April 1, 1977. The hardship being that the owner does not have adequate housing to store personal belongings while new building is being constructed. Plotion, Ayes (4) - 11ays (n). Henry 11uhich, Building & Zoning Administrator, ".FTPOPOLITAM PLANNING informed the City C(,uncil of an informal meeting ACT r1rETI11r, at the Mound City Hall, at 5341 'laywocd Road, Thursday, September 16, 1976 at 7:30 P.ri. of the feetropolitan Council. The main purpose of this meeting will be to discuss the [Metropolitan Planning Act. The meeting will also give us the opportunii to exchange views on other issues i•clatincf t., vouc community and the Meetropolitan Council. i am interested in hearing your personal views about the problems facing the Metropolitan Area. Elected officials and key administrative officers from several communities in the Plound area are being invited to the meeting. Thanks are due to the Mayor and the Hound Council for their kindness in hosting the occasion. Paurus moved, Butler seconded, to appoint Alan APPOINTMENT P. Olson, Assistant Building & Zoning T.dministrator,Alan Olson as Orono's representative to the ;etro Council concerning the Pietro Land Planning Act. ►iotinn, Ayes (4) - Nayo (0). Mayor Searles also announced the September 16, 1976 meeting at hound of the reetropolitan Planning Act. Henry iluhich, Building & Zoning Administrator, TRA'1SPORTATION PLAN informed the City Council that. a new Pietro Council Transportation Plan has been submitted which requires further study. Orono has requested the !Ietro agency to forward extra conies of the plan to Us.